Why You Should Engage a Lawyer to Draft and Witness Your Will
August 12, 2025
When planning for your family's future, drafting a Will is one of the most important steps you can take to ensure your wishes are respected and your assets are distributed as intended. While online templates and DIY kits may seem convenient or cost-effective, there are significant risks associated with self-drafting your Will. Here's why working with a qualified lawyer—especially a veteran lawyer like Jonathan Crabtree Legal—is a wise investment in your family's security and peace of mind.
1. Legal Expertise Ensures Your Will is Valid
A Will that doesn’t meet legal requirements can be challenged in court or disregarded entirely. Lawyers have deep knowledge of the intricacies of wills, estate, and succession laws in Western Australia. By engaging a professional, you ensure your Will:
- Meets statutory requirements for validity, including proper witnessing and execution.
- Is worded clearly to avoid ambiguities or misinterpretations.
- Anticipates future changes (such as marriage, divorce, or the birth of children).
2. Avoiding Costly Mistakes
DIY Wills commonly lead to errors, from incorrect signing procedures to omitted details about assets or beneficiaries. Such mistakes can result in:
- Your Will being declared invalid.
- Family disputes or litigation.
- Unintended tax liabilities or missed opportunities for asset protection.
A an experienced estate planning lawyer will tailor your Will to your specific circumstances, ensuring all provisions are accurate and comprehensive.
3. Advice Beyond Simple Drafting
Every individual’s situation is unique. An experienced lawyer will provide guidance on estate planning strategies designed to protect your legacy, such as:
- Testamentary trusts for children or vulnerable beneficiaries.
- Business succession planning to secure your business interests.
- Dealing with superannuation, trusts, and complex assets.
- Reviewing Powers of Attorney and Guardianship to safeguard your interests if you lose capacity.
4. Proper Witnessing and Execution
Improper witnessing is a leading cause of invalid Wills in Australia. A lawyer will:
- Ensure that your Will is signed and witnessed in accordance with the law.
- Act as a professional witness, ready to defend the process should it be challenged.
- Hold safe records for future reference.
5. Peace of Mind and Protection for Your Loved Ones
By entrusting your Will to an experienced estate planning lawyer, you protect your family from avoidable stress and conflict. Your lawyer can help anticipate problems, resolve ambiguities, and reduce the likelihood of challenges to your Will’s validity.
How Crabtree Legal Can Help
At Crabtree Legal, Jonathan Crabtree has extensive expertise in preparing straightforward and complex Wills, including those incorporating testamentary trusts, and Powers of Attorney and Guardianship. As a veteran owned and operated law firm based in Perth, WA, we pride ourselves on providing practical, empathetic advice tailored to your needs.
Contact us today to safeguard your legacy and give your loved ones security and peace of mind.
Crabtree Legal is delighted to announce our new partnership as a business sponsor of Sonshine FM , Perth’s family-focused radio station. As a firm committed to supporting local communities and family values, we’re thrilled to align ourselves with a station that shares our dedication to enriching the lives of Perth families. Why Sonshine FM? Sonshine FM is Perth's leading Christian radio station, offering uplifting, family-focused content to keep listeners connected and inspired. The station has earned deep community trust, making it a natural partner for Crabtree Legal as we strive to help individuals and businesses achieve their goals with confidence and clarity. Supporting Our Community From company set-ups and business structuring to Wills, estate and succession planning , Crabtree Legal is committed to providing high-quality, approachable legal services rooted in integrity and care. Our sponsorship of Sonshine FM allows us to give back to the community that has supported us, reinforcing our commitment to being there for you—whether in the boardroom or at the kitchen table. Listen Out for Our Radio Ads As part of our sponsorship, our firm adverts will be airing on Sonshine FM over the coming months. Tune in to hear how Crabtree Legal can help you with: starting up, buying or selling a Business; and/or preparing Wills and providing estate planning advice. Hear our latest radio ads here: Crabtree Legal on Sonshine FM – Commercial Law . Crabtree Legal on Sonshine FM – Wills, Estate & Succession Planning . Thank You for Your Support We are deeply grateful to our clients and the wider Perth community for your trust. This sponsorship marks another step in our journey to make expert legal advice accessible and to provide support to families and businesses in Western Australia. Ready to take the next step for your business or personal legal needs? Contact Crabtree Legal today and discover the difference that genuine expertise and care can make.
Starting a new company is an exciting venture, but establishing a solid legal foundation from the outset is critical for long-term success. One of the most overlooked yet essential documents for any business with more than one shareholder is a Shareholders Agreement. Engaging a commercial lawyer to draft and assist you to validly execute this agreement at the commencement of your business can protect your interests, prevent disputes, and set your company up for lasting stability. What is a Shareholders Agreement? A Shareholders Agreement is a private, legally binding contract between a company’s shareholders (and often the company itself). It sets out how the company is managed, how key decisions are made, how exits or disputes are handled, and what happens if a shareholder wishes to leave or transfer their shares. Key Reasons to Get a Shareholders Agreement Drafted by a Commercial Lawyer 1. Clarity and Certainty on Roles and Rights Clearly outlines each shareholder’s rights, responsibilities, and decision-making powers from the outset. Removes ambiguity around management structure, voting rights, and director appointments, helping to avoid misunderstandings and conflicting expectations. 2. Preventing Costly Disputes Provides agreed procedures for resolving conflicts, often through internal mechanisms and alternative dispute resolution before court action. Helps ensure minor disagreements do not escalate into expensive and disruptive legal battles. 3. Protecting the Interests of All Shareholders Safeguards the investments and interests of both majority and minority shareholders, preventing unfair treatment and providing mechanisms for redress. Outlines how decisions are made, including which require unanimous or special majority consent, benefiting both active and passive shareholders. 4. Smooth Share Transfers and Exit Strategies Details rules for issuing new shares or transferring existing ones, including pre-emptive and “drag-along” or “tag-along” rights. Ensures continuity and stability if a shareholder wishes to leave, retires, or passes away, preventing unwanted third parties from joining the company. 5. Business Growth and Investment Readiness Demonstrates business maturity and governance, giving confidence to future investors, banks, and other stakeholders. Investors often insist on a robust agreement as a prerequisite for funding rounds or other strategic partnerships. 6. Protecting Confidentiality and Company Value Includes clauses safeguarding against misuse or disclosure of confidential company information. Prevents former shareholders from directly competing with the business or poaching key staff and clients. Why Get Help from a Commercial Lawyer? While some templates are available online, they rarely address the unique dynamics and needs of each startup. A commercial lawyer will: Tailor the agreement to your business’s structure, goals, and risk profile. Ensure compliance with the Corporations Act 2001 (Cth) and other relevant Australian laws. Minimise the risk of unenforceable or contradictory clauses and keep your agreement up-to-date as your business evolves. The Importance of Executing the Agreement at Commencement Executing a shareholders agreement at the start of your business journey: Ensures all founders and shareholders are aligned before capital, effort, and goodwill have been significantly invested. Avoids “moving the goalposts” after the fact, when negotiations may be more contentious or when disputes have already emerged. Ensures the terms are legally binding and enforceable, giving all parties true peace of mind. Conclusion A shareholders agreement is not a statutory requirement—but for any new Australian company with more than one shareholder, it is a critical tool for risk management, governance, and business success. Engaging a commercial lawyer to draft, tailor, and help you execute this document from day one offers real protection and clarity for your business and its investors. If you’re setting up a company, connect with Crabtree Legal to ensure you start up with the right legal structure in place. We can help tailor a shareholders agreement to fit your business, safeguard your rights, and support your future growth. This article is provided for general information only and does not constitute legal advice. For advice tailored to your business, please contact Crabtree Legal.
What Are Trusts? A Trust is a legal arrangement where a person or entity ( the Trustee ) holds and manages assets for the benefit of others (the Beneficiaries ). The Trustee is responsible for administering the Trust in accordance with its terms and in the best interests of the Beneficiaries. Trusts are commonly used for asset protection, estate planning, and business structuring in Australia. Key Parties in a Trust Settlor : the person who creates the Trust and contributes the initial assets. Trustee : the individual or company responsible for managing the Trust assets. Beneficiaries : the people or entities who benefit from the Trust. Appointor : the person who has the power to appoint or remove Trustees. How Can Trusts Benefit Individuals and Business Owners? Trusts offer a range of advantages for both personal and business purposes: 1. Asset Protection Trusts can help shield assets from creditors, lawsuits, or family disputes, as the assets are legally owned by the Trustee, not the individual. 2. Estate Planning and Succession Trusts allow for the smooth transfer of wealth to future generations, helping to provide for minor or vulnerable Beneficiaries. 3. Tax Planning Trusts can offer tax flexibility. Income generated by Trust assets can be distributed among Beneficiaries, potentially reducing the overall tax liability. 4. Business Structuring Trusts are often used by business owners to separate business assets from personal assets, manage risk, and facilitate succession planning. 5. Privacy Trust arrangements are generally private, unlike Wills which become public during probate. How Are Trusts Created in Australia? Establishing a Trust in Australia involves several key steps: 1. Decide on the Type of Trust Common types include: Discretionary Trust : Trustee decides how income/capital is distributed among Beneficiaries. Common for family Trusts. Unit Trust : Beneficiaries hold fixed units, similar to shareholders in a company. Often used for business or investment purposes. Testamentary Trust : created by a Will, comes into effect upon the Will-maker’s death. 2. Prepare a Trust Deed A Trust deed is a legal document that sets out the terms and conditions of the Trust, including the powers of the Trustee and the rights of the Beneficiaries. 3. Settle the Trust The Settlor provides the initial asset (often a nominal sum) to establish the Trust. 4. Appoint Trustees and Beneficiaries The Trust deed will name the Trustees and Beneficiaries. The Trustee must accept their role and responsibilities. 5. Stamp Duty and Registration In Western Australia, unlike some other Australian states, stamp duty is not payable on the mere execution of a Trust deed and it does not need to be stamped. Registration with the Australian Taxation Office (ATO) will be necessary if the Trust will have a Tax File Number or Australian Business Number. 6. Ongoing Compliance Trustees must comply with the terms of the Trust deed and relevant laws, including annual reporting and tax obligations. If you are considering establishing a Trust, Crabtree Legal can provide tailored advice to ensure your Trust is structured to meet your personal or business needs.